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5.2 The Standards Commission for Scotland
The Standards Commission for Scotland ('the Commission') is central to the Ethical Standards Act. As an independent statutory body, the Commission has responsibility for various aspects of the ethical framework. It is also responsible for providing advice and guidance to those covered by the framework. The Commission:
- adjudicates on cases of alleged contravention of the Codes of Conduct for Members of Devolved Public Bodies and Councillors brought forward by the Chief Investigating Officer;
- acts as guardian to the Codes of Conduct and Registers of Interests through the separate and independent investigatory functions of the Chief Investigating Officer;
- provides guidance to councils and public bodies on:
- the promotion and observance of high standards of conduct by Councillors and Members of Devolved Public Bodies and assisting them in that task;
- the Commission's relationship with local authorities and public bodies in carrying out its functions; and
- the Registers of Interests for Councillors and Members of Devolved Public Bodies.
The investigatory functions of the Chief Investigating Officer are independent of the adjudicatory functions of the Commission. On finding a contravention of a Code for bodies listed in Schedule 3, the Commission has the power to impose sanctions ranging from censure, or suspension from meetings of the public body for up to one year, to disqualification for up to five years. For details of the full range of sanctions available to the Commission, you should refer to Annex A of the Members' Model Code of Conduct or your public body's code of conduct.
A copy of the Model Code can be found at http://www.scotland.gov.uk/library5/localgov/mcoc-00.asp
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